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(영문) 수원지방법원 2015.11.19 2015나17064

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 10,171,746 for the Plaintiff and its related expenses from December 2, 2014 to November 2015.

Reasons

1. Judgment on the parties’ assertion

A. The Plaintiff asserted that the Plaintiff supplied steel products equivalent to KRW 264,289,757 in total to the Defendant during the period from March 23, 2013 to May 25, 2013. Since the Defendant paid KRW 254,118,01 out of the price of the goods, the Defendant is obligated to pay the remainder of KRW 10,171,746 and delay damages to the Plaintiff.

In regard to this, the Defendant asserted that the Plaintiff and the non-stock company construction (hereinafter “non-fracker construction”) are the parties to the above goods supply contract, and the Defendant merely conducted the process of examining and confirming the receipt of goods so that the above transaction can be conducted smoothly, and thus, the Defendant did not have any obligation to pay the above goods

B. First of all, the judgment 1 is as follows: (a) the parties to a contract for the supply of goods, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 7-10, Eul evidence 1-2, Eul evidence 1-3, and Eul evidence 1-3, which can be seen as comprehensively considering the overall purport of the pleadings; (b) the construction of non-specified materials between the defendant and the defendant, after entering into a steel supply contract with the defendant on March 21, 2013, after entering into a contract for the construction of the construction section for the housing site development of the 2nd new city from STX Construction and Do Do Do Do Do Do Do Do Do Do Do Do Do Gun Do Do Do Do Do , the construction of non-paid materials, which is the original supplier of the above construction, gave up the construction due to the bankruptcy; (c) the plaintiff's supply of the goods at the construction site; and (d) the plaintiff's supply of the goods to the defendant.